MIME-Version: 1.0 Content-Type: multipart/related; boundary="----=_NextPart_01C8A15C.33F73000" This document is a Single File Web Page, also known as a Web Archive file. If you are seeing this message, your browser or editor doesn't support Web Archive files. Please download a browser that supports Web Archive, such as Microsoft Internet Explorer. ------=_NextPart_01C8A15C.33F73000 Content-Location: file:///C:/5D1C3A38/04-07-08.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" Minutes of a Regular Meeting of the

Minutes of a Regular Meetin= g of the

Town Council of the Town of= Ellicott

held at = the Administration Building,

215 S. Work Street, Falconer, N.Y. on

April 7,= 2008 at 7:00 P.M.

 

Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Cle= rk Erlandson, Highway Superintendent Shellhouse, Attorney Wright.

 

Supervisor Miller open= ed the meeting at 7:00 PM and led the Town Council in the Pledge of Allegiance.    Town Clerk Erlandson called t= he roll. 

 

APPROVAL OF MINUTES

 

MOTION by Councilman Heintzelman, seconded by Councilman Lodestro to accept the minutes of the March 17, 2008 meeting as presented by the Town Clerk.<= /o:p>

 

Carried.        =             &nb= sp;         Ayes - 5        =             &nb= sp;          Noes - 0        =             &nb= sp;         Abstain - 0

 

PRIVILEGE OF THE FLOOR

 

Juli= e Breen, 3440 Old Fluvanna Rd. feels that the Town of Ellicott should ad= opt a dog ordinance.  She expressed = her concern about a dangerous dog living in her neighborhood.  She is worried that it might bite someone.  However, she noted t= hat because there is no dog ordinance nothing can be done. 

 

CORRESPONDENCE

 

        &= nbsp;   Town Clerk Erlandson read the following items into the record:=

        &= nbsp;           &nbs= p;            &= nbsp; 

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>1.      Notification from TVGA Consultants regarding an upco= ming grant writing workshop.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2.      Notification re the an= nual Local Government Conference sponsored by Southern Tier West Regional Planning & Devel. Board to be held at Houghton = College on May 7, 2008.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>3.      Notification re several upcoming workshops sponsored by STW Regional Planning Board.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>4.      Newsletter: Chautauqua Co. Chamber of Commerce= .

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>5.      Newsletter: Chaut. Co. Office of Emergency Services.

 =

TOWN OFFICERS’ REPORTS

 

Counc= ilman Lodestro reported on the status of the Lyndon Park reconstruction project.  He re= minded the Town Council that the Town of Ellicott= is still waiting to be reimbursed $24,000.00 by the New York State Dept. of Transportation.  He was informed by DOT that the Town would have to request an extension of the contract before state funds can be released.  (Minutes 3/17/08)  He stated that the request forms h= ave been submitted.

Mr. L= odestro also reported that the security alarm system in the Town Court office has been repaired= .  He added that similar alarm system= s have also been installed in the Town Clerk’s office and the Town Assessor’s office.

 

Counc= ilman Orlando thanked Supervisor Miller & Town Clerk Erlandson for their assistance in writing a letter to NYS Legislators in support of a project involving the purchase of 14 acres of vacant land behind the Fairmount Plaza by the Chautauqua Watershed Conserv= ancy.  (Minutes 3/17/08)

 

Supe= rvisor Miller reported that the new Harley Davidson facility on East M= ain St. Ext. (Rte. 394) has bee completed and is open for business.  He congratulated company officials= and welcomed them to the Town of E= llicott.  Mr. Miller feels that the new busi= ness will stimulate further economic development along Rte. 394.  He encouraged the Council members = to visit the new facility.

 

Mr. = Miller also reported that he met recently with Village of Celoron officials to discuss shari= ng services.  As a result of the meeting, it was agreed that Village officials would begin collecting dog license fees and issuing handicapped parking permits.

 

High= way Superintendent Shellhouse repor= ted that the person who owns property on the north side of the Town of Ellicott Administration Bldg.<= /st1:place> has agreed to grant the town an easement to install a drainage pipe.

 

Mr. Shellhouse also reported that reconstruction of the handicapped entrance on the north side of the Town of= Ellicott Administration Bldg.<= /st1:place> will begin soon.

 

OLD BUSINESS

 

RESOLUTION #49-08
Accept Negative Declaration (Local Law #3-2008: Dunham Ave.)<= /i>

 

Motion by Councilman Heintzelman, seconded by Councilman Lodestro to accept the findings of the Town of Ellicott Planning Board that a proposed request= to rezone Ellicott tax map parcel 386.07-5-65 (includes old SBL Section 23, B= lock 9, Lots 31, 32, 33, 34, 35 & 36) located on Dunham Ave. in the Town of Ellicott from ‘residential’ to ‘neighborhood businessR= 17;

will have no significant impact on the environment.  (See ‘Loca= l Law #3-2008’ for detail)

 

Adopted.        =             &nb= sp;         Ayes - 5        =             &nb= sp;         Noes - 0        =             &nb= sp;          Absent - 0

 

RESOLUTION #50-08

= Adopt Local Law #3-2008 (Rezoning: Dunham Ave.)

 

Motion by Councilman Heintzelman, seconded by Supervisor Miller to adopt T= own of Ellicott Local Law #3-2008 amend= ing Section 146-21 of the Town of = Ellicott Code.  The local law provides for the rezoning of Ellicott tax map parcel 386.07-5-65 (includes old SBL Section 23, Block 9, Lots 31, 32, 33, 34, 35 & 36) located on Dunham Ave. in the Town of Ellicott from ‘residential̵= 7; to ‘neighborhood business’.&nb= sp; (see ‘Local Law #3-2008’ for detail)

Adopted.               =             &nb= sp;   Ayes - 5            =             &nb= sp;     Noes - 0                =             &nb= sp; Absent - 0

 

Councilman Heintzelman expressed concern that the rezoning of Dunham Ave. took approximately 6 months to complete.&n= bsp; In his opinion, the process is too long & is a potential detrime= nt to commercial development.  He= feels that the process needs to be expedited in order to be more proactive towards new business.   Councilman Lodestro asked about the status of a request for the Ellicott Planning Boar= d to review Section 146-42 of the Town Code involving permitted uses in industri= al parks.  (Minutes 1/21/08)  He noted that the Council is inter= ested in amending the code to make it easier for certain types of businesses to operate in an Industrial Park.  He reminded the Council that a landscaping business is currently interested in purchasing property in Mason Industria= l Park.  He and Mr. Heintzelman feel that t= he Planning Board needs to make a recommendation re the prospective code chang= e as soon as possible.  A general discussion followed re the matter.  <= /span>Attorney Wright pointed out the difficulty of changing the code without altering its intended purpose.  The Council= asked Mr. Wright to explore various ways of making the code more flexible.

&nb= sp;

   &nbs= p;            N= EW BUSINESS

 

No New Business

 

RESOLUTION #51-08

Payment of Claims=

&nb= sp;

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to pay = 2008 current claims #285-378, inclusive, in the amount of $99,524.15 and cha= rge to the proper fund or account.

 

Adopted.        =             &nb= sp;       Ayes - 5          =             &nb= sp;        Noes - 0        =             &nb= sp;           Absent - 0

 

RESOLUTION #52-08

Executive Session (Pen= ding Litigation & Personnel)

 

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to convene= Executive Session for the purpose of discussing pending litigation and a personnel mat= ter.  7:34 – 8:17 PM.

 

Adopted.        =             &nb= sp;       Ayes - 5    &nb= sp;            =             &nb= sp; Noes - 0    &nb= sp;            =             &nb= sp;  Absent - 0

 

Moti= on by Councilman Heintzelman, seconded by Councilm= an Beckerink to adjourn at 8:17 PM.

 

Carried.        =             &nb= sp;        Ayes - 5        =             &nb= sp;          Noes - 0        =             &nb= sp;           Absent - 0

 

 

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;   _________________________________

      = ;                      &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;     Michael C. Erlandson, = Town Clerk

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        =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =                =             &nb= sp;           (4/7/08 – Regula= r Town Board Minutes con’t)

PAGE=  

 

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